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t <br />1 <br />2 <br />3' <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />n. Failed to properly manage, mark, and store universal waste, as provided by Title 22 <br />of the California Code of Regulations sections 66273.1— 66273.9, 66273.13 - 66273.16 <br />(repealer filed 2-4-2009) and sections 66273.33 - 66273.36. <br />o. Failed to keep a record with the information required by section 66273.39, <br />subdivisions (a)(1) - (3), of each shipment of universal waste received at any Facility, as <br />provided by Title 22 of the California Code of Regulations section 66273.39. Such <br />records may be stored electronically. <br />p. Failed to comply with the California Medical Waste Management Act, Health and <br />Safety Code sections 117600, et seq. <br />26. Defendant's noncompliance with the above statutes and regulations threatened <br />public health and safety and the environment. <br />FIRST CAUSE OF ACTION <br />(Disposal of Hazardous Waste at a Point not Authorized) <br />(Health & Safety Code, §§ 25189, 25189.2) <br />27. Plaintiff realleges paragraphs 1 through 26, inclusive. <br />28. Health and Safety Code sections 25189 and 25189.2 prohibit the disposal of <br />hazardous waste at a point not authorized under Chapter 6.5. Section 25189, subdivision (c) <br />prohibits the intentional or negligent disposal of hazardous waste at an unauthorized point, and <br />section 25189.2, subdivision (c) prohibits the disposal of hazardous waste at an unauthorized <br />point as a matter of strict liability. <br />29. Defendant disposed and/or caused the disposal of hazardous waste at and from <br />Defendant's Facilities at unauthorized points, in violation of California Health and Safety Code <br />sections 25189 and 25189.2. <br />30. Each disposal of hazardous waste at an unauthorized point that occurred within <br />five (5) years before the discovery of the facts constituting grounds for commencing the action on <br />these claims, in addition to the Tolling Period set forth in paragraph 13 herein, and each day the <br />waste was allowed to remain at such point without the immediate filing of a report of the deposit <br />with the DTSC, subjects Defendant to a separate and additional civil penalty under Health and <br />Safety Code section 25189, or alternatively under section 25189.2. <br />to <br />Complaint For Permanent Injunction, Civil Penalties And Other Equitable Relief <br />